Texas House Bill HB3709

Texas 2009 - 81st Regular

• Out of House Committee: 5/11/09

Caption

Relating to the exercise of eminent domain power by certain charitable corporations.

Impact

If enacted, HB 3709 would significantly alter the rights granted to medical centers in the exercise of their eminent domain powers. By preventing these corporations from acquiring residential properties, the bill aims to help retain the integrity and structure of residential neighborhoods. Additionally, the amendment creates legal remedies for properties previously affected by such activities, providing a framework for individuals and homeowners associations to seek restitution or enforce restrictions if unfair practices were observed in the past.

Summary

House Bill 3709 seeks to amend existing laws regarding the eminent domain power of certain charitable corporations specifically in the context of medical centers. The bill repeals the power of eminent domain and condemnation concerning residential properties that are adjacent or contiguous to such medical centers. This legal change is aimed at preventing the seizing of residential properties for healthcare-related construction or operation, thereby protecting residential areas from potential negative impacts such actions might entail.

Contention

There are notable points of contention surrounding the bill, particularly from entities involved in medical services who might argue that retaining eminent domain is essential for operational expansion and facility development. Opponents may view the bill as a necessary safeguard against misuse of power by charitable corporations, but supporters of continued eminent domain authority might contend that it could hinder essential medical infrastructure growth in communities, especially in urban areas where space is at a premium.